2000 Legislation
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HOUSE BILL NO. 633 – Term limits, write-in candidate

HOUSE BILL NO. 633

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Daily Data Tracking History



H0633......................................................by STATE AFFAIRS
TERM LIMITS - Amends existing law to provide that nothing in the term
limits law shall be construed as prohibiting any person from standing or
campaigning for any elective office by means of a write-in campaign for the
primary election pursuant to statute; and to provide that if a person is
nominated by means of a write-in campaign, they may appear on the general
election ballot.
                                                                        
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to St Aff
02/29    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Kellogg,
      Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs),
      Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor,
      Tilman, Trail, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Gould, Hadley, Jones, Judd, Smith, Mr Speaker
    Floor Sponsor - Stone
    Title apvd - to Senate
03/03    Senate intro - 1st rdg - to St Aff

Bill Text


 H0633
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 633
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LIMITATION OF BALLOT ACCESS FOR  MULTI-TERM  INCUMBENTS;  AMENDING
  3        SECTION 34-907, IDAHO CODE, TO PROVIDE THAT NOTHING IN THE TERM LIMITS LAW
  4        SHALL  BE CONSTRUED AS PROHIBITING ANY PERSON FROM STANDING OR CAMPAIGNING
  5        FOR ANY ELECTIVE OFFICE BY MEANS OF A WRITE-IN CAMPAIGN PURSUANT TO  STAT-
  6        UTE  AND IF A PERSON IS NOMINATED BY MEANS OF A WRITE-IN CAMPAIGN THEY MAY
  7        APPEAR ON THE GENERAL ELECTION BALLOT AND TO MAKE  TECHNICAL  CORRECTIONS;
  8        AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  34-907, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        34-907.  LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per-
 13    son shall not be eligible to have his or her name placed upon the  primary  or
 14    general  election ballot for a county, state or federal office which they have
 15    previously held if they have served, will serve or but for  resignation  would
 16    have  served, in that same office by the end of the current term of office for
 17    a length of time as follows:
 18        (a.)  As a member of the U.S. House of  Representatives  representing  any
 19        district  within  the state, during six (6) or more of the previous eleven
 20        (11) years.
 21        (b.)  As a member of the U.S. Senate, during twelve (12) or  more  of  the
 22        previous twenty-three (23) years.
 23        (c.)  As  a state elected official, during eight (8) or more of the previ-
 24        ous fifteen (15) years.
 25        (d.)  As a state legislator, representing any district within  the  state,
 26        including  all  House  seats within the same district, during eight (8) or
 27        more of the previous fifteen (15) years.
 28        (e.)  As a county  commissioner,  representing  any  district  within  the
 29        county, during six (6) or more of the previous eleven (11) years.
 30        (f.)  As  any  other  county elected official, during eight (8) or more of
 31        the previous fifteen (15) years.
 32        (2)  Nothing in this section shall be construed as prohibiting any  quali-
 33    fied  voter  of this state from casting a ballot in a general election for any
 34    person by writing the name of that person on any  ballot,  or  as  prohibiting
 35    such  a  properly  marked  general election ballot from being counted or tabu-
 36    lated, nor shall any provision of this section be construed as  preventing  or
 37    prohibiting any person from standing or campaigning for any elective office by
 38    means  of  a "write-in" campaign, in a general election pursuant to the provi-
 39    sions of section 34-702 and 34-702A, Idaho  Code.  Notwithstanding  subsection
 40    (1)  of  this section, a person who is nominated by means of a "write-in" cam-
 41    paign may appear on the general election ballot.
                                                                        
 42        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
                                                                        
                                           2
                                                                        
  1    declared to exist, this act shall be in full force and effect on and after its
  2    passage and approval.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS09990 
                           
     The purpose of this legislation is to clarify the procedure concerning a write-in
     candidacy and term limits. Currently Section 34-907, Idaho Code, conflicts with
     the provisions of Section 34-702, Idaho Code. This legislation would make it
     clear that a candidate nominated by a "write-in" campaign can have his/her name
     placed on the general election ballot. 
     
     
     
     
     
     
     
                     FISCAL NOTE
     
     None. 
     
     
     
     
     
     
               CONTACT:  Ben Ysursa, Chief Deputy, Secretary of State
               (208) 334-2852 
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                            H 633